WILLIE DIXON Chess Box PROMO 3LP set Muddy Waters+

	£		23
	$		30

ITEM DESCRIPTION: USA PRESSING 3LP SET IN BOX WITH BOOKLET. SAMPLE COPY.

BOX: VG WITH SOME EDGE WEAR.

DISCS: NEAR MINT CONDITION.

1. UK with delivery confirmation is £3.99.
   Add £1.00 for each additional LP/12 inch.
   

   
   

2. USA and all INTERNATIONAL DESTINATIONS via Air Mail is £12.99.
   Add £3.00 for each additional LP/12 inch.

   
   WE DO NOT SHIP SURFACE MAIL AND WE DO NOT NEGOTIATE OR DISCUSS SHIPPING RATES AFTER THE AUCTION HAS ENDED – We ship vinyl to international destinations PROPERLY and have done for decades – if you want cheaper/inferior shipping and goods that might arrive damaged then PLEASE BID ELSEWHERE. We only want happy customers that receive their records promptly in the condition we mailed them in.
   
   
   

NOTICE BY SELLER TO RECORD LABELS AND OTHER COPYRIGHT HOLDERS regarding CDs, tapes, and vinyl records. We only sell legitimate record company issued product and do not knowingly sell CD-Rs or bootlegs of any sort. We do not infringe upon the copyright of others, but will defend at all times our First-Sale right to list and sell used CDs, phonorecords or tapes, whether they are marked as promo items or not – we refer to our legal right that has been clarified by the U.S. District Court for the Central District of California, which recently held that the first sale doctrine permits a recipient of promotional CDs to sell them online without violating the license pursuant to which the CDs were distributed and without being liable for copyright infringement. UMG Recordings, Inc. v. Augusto, No. CV 07-03106, slip op. (C.D. Cal. June 10, 2008). The court granted the defendant's motion for summary judgment and rejected Universal Music Group’s (“UMG”) argument that the labeling on the promotional CDs created a license without transferring title, stating that "the owner of a particular copy or phonorecord lawfully made under [Title 17], or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord." 17 U.S.C. § 109(a). Although UMG's promotional CDs were initially distributed for free, the court cited Nimmer on Copyright for the proposition that the first sale doctrine applies to a copyrighted work after the "first authorized disposition by which title passes." The court noted that the CDs were labeled a "license," but that did not end the inquiry. Rather, in determining whether the mailing of promotional CDs constituted a license or a title-transferring sale, the court cited the Ninth Circuit's opinion in Microsoft Corp. v. DAK Industries, 66 F.3d 1091, 1095 (9th Cir. 1995), and concluded that it had to evaluate the "economic realities" of the transaction. One of those realities was that, when UMG gave away the promotional CDs, it had no intention of regaining possession of the CDs and no expectation that they would be returned. Following the Ninth Circuit's decision in United States v. Wise, 550 F.2d 1180, 1192 (9th Cir. 1977), which held the transfer of a film print from a movie studio to an actress allowing her to keep possession of it to be a sale and not a license, the court stated that "the music industry insiders' ability to indefinitely possess the Promo CDs is a strong incident of ownership through a gift or sale." The court next stated that another hallmark of a license is a recurring benefit to the copyright owner, and the absence (in the court's view) of such a benefit to UMG supported the court's conclusion that UMG's distribution of the promotional CDs did not create a license. Distinguishing between software and music CDs, the court vaguely explained, "Unlike the use of software, which necessitates a license because software must be copied onto a computer to function, music CDs are not normally subject to licensing. Therefore, the benefits of a license for software do not exist under these facts." In the court's view, the only apparent benefit to UMG was an attempt to restrain the transfer of its music. Thus, the court held that UMG's conveyance of the CDs provided the recipient with "the right to perpetual possession and the freedom from obligations to UMG," making the transaction "a gift or sale, not a license." But cf. Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446 (9th Cir. 1991) (using the "limited publication" doctrine in noting that the Academy of Motion Picture Arts and Sciences, by awarding personalized Oscar trophies to individuals, had a limited purpose in distributing them, and that the recipients had no right of sale or further distribution). The court found further and alternative support for its "gift" characterization under federal postal law. The Postal Reorganization Act prohibits "the mailing of unordered merchandise" without the recipient's consent, allowing such merchandise to "be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without obligation whatsoever to the sender." 39 U.S.C. § 3009(a)-(c). Because the promotional CDs could be treated as a gift under the Postal Reorganization Act, the court reasoned, "By sending the Promo CDs to music industry insiders, UMG transferred title to those insiders and the Promo CDs are subject to the first sale doctrine."